Bruce Edward Leaks v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 07912
Opinion Delivered
BRUCE EDWARD LEAKS
Appellant
v.
November 29, 2007
PRO SE MOTION FOR COPY OF
RECORD AT PUBLIC EXPENSE AND
FOR EXTENSION OF TIME TO FILE
APPELLANT’S BRIEF [CIRCUIT
COURT OF MILLER COUNTY, CR 97
95, HON. JOE GRIFFIN, JUDGE]
STATE OF ARKANSAS
Appellee
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
In 1997, appellant Bruce Edward Leaks was convicted by a jury of firstdegree murder and
sentenced as a habitual offender to 480 months’ imprisonment. This court reversed the judgment of
conviction from his first trial. Leaks v. State, 339 Ark. 348, 5 S.W.3d 448 (1999). On retrial, he was
again convicted of firstdegree murder and a sentence of 540 months was imposed. We affirmed.
Leaks v. State, 345 Ark. 182, 45 S.W.3d 363 (2001).
In 2007, appellant filed in the trial court a pro se “second, or successive petition – to, vacate
and/or setside judgment” pursuant to Act 1780 of 2001 as amended by Act 2250 of 2005 and
codified as Ark. Code Ann. §§16112201–16112208 (Repl. 2006). The trial court denied the
petition without a hearing, and appellant has lodged an appeal here from the order.
Now before us is appellant’s pro se motion for a copy of the record at public expense and for
extension of time to file his briefinchief. We need not consider the motion as it is apparent that
appellant could not prevail in this appeal if it were permitted to go forward. Accordingly, we dismiss
the appeal and hold the motion moot. An appeal from an order that denied a petition for
postconviction relief will not be permitted to go forward where it is clear that the appellant could not
prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324
Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
Appellant was convicted of murdering William Earl Littlejohn during a heated argument.
Evidence adduced at trial showed that he went to his brother’s apartment, where the victim had been
staying, to confront the victim about various issues. During the ensuing argument, appellant shot
Littlejohn from approximately four feet away with a .38 revolver. The victim was able to reach a
bedroom where appellant’s nephew had been sleeping and identified appellant as the shooter before
he died. Appellant fled the scene of the crime and initially denied any involvement in the murder
when questioned. However, appellant eventually gave the police a statement in which he admitted
shooting the victim, but denied that he intended to kill the victim.
In his petition under the act, appellant asked for DNA testing, and for testing of “blood
pattern splatter,” “blood trace pattern” and “blood drops.” Therein, he generally maintained that his
innocence would be proven by these tests, and contended that his identity was at issue at trial.
Act 1780 provides that a writ of habeas corpus can issue based upon new scientific evidence
proving a person actually innocent of the offense or offenses for which he or she was convicted. See
Ark. Code Ann. § 16112103(a)(1) (Repl. 2006) and sections 16112201–208; see also Echols v.
State, 350 Ark. 42, 84 S.W.3d 424 (2002) (per curiam) (decision under prior law). It is a
requirement of the statute that the “identity of the perpetrator was at issue during the investigation
or prosecution of the offense being challenged[.]” Section 16112202(7).
At trial, appellant’s nephew testified as to the victim’s identification of appellant, and
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appellant’s confession was introduced into evidence. Although appellant did not testify in his own
behalf, his defense was that the victim’s murder was accidental rather than deliberate and
premeditated, and that there was insufficient evidence for the jury to find that appellant’s mental state
supported the charge of firstdegree murder.
Appellant’s petition failed to provide any cogent explanation that supported his claim that his
identity was at issue, and the evidence introduced at trial left no doubt that appellant committed the
crime. The trial transcript pages to which appellant referred in the petition did not contain any
indication that someone other than appellant could have committed the crime. Thus, appellant failed
to make a prima facie showing that his identity was at issue during either the investigation or
prosecution of the criminal case.
Moreover, with regard to the requirement that the requested testing prove the petitioner’s
actual innocence, appellant failed to show that various tests of blood splatter patterns or blood drops
would have proved that he was actually innocent of the crime. Instead, appellant made mere
conclusory statements that he was innocent of the crime and that the testing would prove that he was
innocent. Also, because appellant confessed to the crime, he cannot later claim actual innocence for
the purpose of obtaining scientific testing.
As the arguments made by appellant did not present a proper basis for postconviction relief
pursuant to Act 1780 with regard to actual innocence or identity, appellant could not be successful
on appeal.
Appeal dismissed; motion moot.
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